Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1887-10-14
TRUE TO THE STATE.
ATTORNEY GENERAL AYREs AND COM
M0NWEALTH ATTORNEYS SCOTT OF
FAuQUlER, AND NJ CABE OF LOU
DOUN JAILED BY JUDGE
RONn
THE Q. s. SUPREME, COURT ISSUES
Il WRIT OF HABEAS CORPUS.

A WRIT OF HABEAS CORPUS.
Judge Bond, the U. S. Circuit Judge of
Virginia, on Saturday last at Richmond
went the length of els tether, and 10 de-
fance Of the Eleventh amendment of the
Federal Constitution, committed to jail
the Attorney General of the Common
wealth, Il. A. Ayres; Commonwealth IS
Attorney of Fauquier, John Scott; and
Commonwealth s ATTORNEY of Loudoun,
J. b. McCabe. These officers in obedience
to the law of their State instituted suits to
collect the taxes in money after coupons,
(whose genuineness bad not been proven in
the courts as the law requires) had been
rendered. The institution of these suits
was in disregard of Judge Bonds iujunc-
tlon. There was another case before the
court, that OF Commonwealth Attorney
Gleaves, of Wytbe, that was postponed till
Oct. Oath. In the case of the three officers
first mentioned the disregard of the in
junction was admitted. The Richmond
dispatch" says:
Having sifted the cases of Messrs Ayers.
III.
Bond remarked: CAL these gentlemen are in
contempt. What do you propose ?" said he,
addressing himself to the bondholders' coun
sci.
Major Page answered that all they desired
was such action as would cause their clients
rights to be respected.
Have you any Drderprepared asked Judge
Bond.
No, your Honor, replied Major Page.
hrny &IN,, -. Al
Major Page thereupon prepared an order,
saying in substance that the respondent Nc
Cabe had been adjudged guilty of contempt
and requiring him forthwith to purge himself
by dismissing the suits.
JUDGE BOND ACTS.
This draft of order Judge Bond took and
entertained and amended extensively. After
he had finished 1t he handed it to Judge
Hughes, who was sitting on the bench beside
him, though he was not acting in the case.
Judge Bond then announced his decisions.
On Mr.. Ayers he imposed fine of $500 and
required him to stand committed to the GUS
tody of the Marshal until he had dismissed
the suit or suits brought.
Against Mr. McCabe, Commemorative At
torney of Loudoun, a like Judgment, and fine
of 300.
Against the venerable Mr.. Scott the Judge
made the following order, a sketch of which
he read from the bench:
''The respondent in this case seems, from
his answer to the rule to be so hopelessly blind
ed by the ancient doctrine of State sovereign
ty that he does not seem to know that on
an illustrious day in her history Yitgin1a gave
her adhesion to the Constitution of the United
States.
10 punish man under these circumstances
as the Court. ought to punish man of the
ideas prevalent since the adoption of the Con-
stitution would be manifestedly unjust, and
would be as unjust as it would be to punish
blind man equally with one who can see.
1.-The Court there fore doth order aud decree
that for his contempt of this court Mr.. John
Scott pay $40 and dismiss the cases which he
has brought IN the Circuit Court of Fauquier
county, Va, in violation of the restraining
order heretofore made in the cause of Cooper
and others os. Marye. and others, on the 9th
day of June, 1887, and further, that he enter
satisfaction of the judgments heretofore OBJ
tanned by him against the defendants in said
causes and that he stands committed to the
custody of the marshal of this court until this
order is obeyed and the fine hereby imposed
upon him is paid; and it is further ordered
that said John Scott do pay the costs of these
proceedings. HUGH L. BOND,
Circuit Judge"